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Judiciary

Order of AO not become erroneous merely because PCIT feels that further inquiry should have been made

December 16, 2017 1548 Views 0 comment Print

M/s Amira Enterprises Ltd. Vs. The Pr. C.I.T. (ITAT Delhi) The assessee had filed various replies to the ld. PCIT in response to notice u/s of the Act 263 of the Act stating that all the issues raised by the PCIT have been examined by the AO during the course of assessment. The PCIT has […]

SC extends deadline to Link Aadhaar for all schemes / Services except with PAN to 31.03.2018

December 16, 2017 14523 Views 0 comment Print

1. SC accepted the submission of Government which has stated that (i) The Union government has extended the deadline for Aadhaar linkage with all schemes of its Ministries/Departments until 31 March 2018; (ii) As far as Aadhaar linkage with bank accounts is concerned, for existing bank accounts, the last date for the completion of the process may be extended to 31 March 2018;

HC dismisses Writ challenging a compounding order as Assessee has a Revisional Remedy

December 15, 2017 1560 Views 0 comment Print

Considering the fact that the petitioner has a revisional remedy as against the order dated 31.08.2015, this Court is inclined to grant one indulgence to the petitioner to pursue the revisional remedy within a time frame, failing which the respondent can take action for recovery including prosecution.

TDS on AMC of medical equipments by Hospital- Section 194C or Section 194J?

December 15, 2017 26787 Views 1 comment Print

Expenditure on account of AMC of medical equipments etc., is not in the nature of fee for professional and technical services as construed under section 194J of the Act and hence, not liable to deduct TDS under section 194J of the Act. The assessee has deducted TDS under section 194C of the Act in regard to payments on AMC of medical equipments and machines etc.

Tax planning opportunity by SC?

December 15, 2017 2154 Views 0 comment Print

The decision relates to deductibility of excise duty u/s 43B of the Income Tax Act, 1961. Section 43-B requires cumulative existence of following; The deduction claimed by the Assessee must be otherwise allowable under the other provisions of the Act.

Assessee registered under STPI as a 100% EOU can claim deduction u/s 10B despite non approval by Board as 100% EOU

December 15, 2017 2118 Views 0 comment Print

While dismissing revenue’s appeal, the Hyderabad bench of Income Tax Appellate Tribunal (ITAT) has declared that assessee is entitled for deduction under Section 10B of the Income Tax Act 1961 even though it registered as a hundred percent Export Oriented Undertaking (EOU) under the Software Technology Park of India (STPI).

Mere instance of reduction in shares of profit of a partner resulting in increase in share of profit of another by itself will not constitute a ‘gift’

December 15, 2017 2313 Views 0 comment Print

A division bench of the Kerala High Court recently held that a mere reduction in the shares of one partner, resulting in proportionate increase of shares of another partner would constitute a gift for the purpose of taxation under Section 4 (1) (a) of the Income Tax Act.

SSI benefit cannot be availed by an undertakings which do not continue as SSI: SC

December 15, 2017 1875 Views 0 comment Print

Incentive meant for small scale industrial undertakings cannot be availed by industrial undertakings which do not continue as small scale industrial undertakings during the relevant period, the bench held.

Mere Non-Filing of C Form or Defects in its declaration would not Attract Penalty

December 15, 2017 2361 Views 0 comment Print

There is no allegation of any suppression of turnover. It is only with regard to non filing of Form C declaration or certain defects in Form C declaration. Thus, it is not a case where any penalty can be levied more so when there was no proposal in the revision notice dated 28.05.2007.

Advance payment of Duty in PLA account eligible for deduction: SC

December 15, 2017 2640 Views 0 comment Print

Advance deposit of central excise duty constitutes actual payment of duty within the meaning of Section 43B of the Central Excise Act and, therefore, the assessee is entitled to the benefit of deduction of the said amount.

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